CALIFOl=lNI NOTAl=lY EXAffl STUDY GUIDE

CALIFOl=lNI NOTAl=lY EXAffl STUDY GUIDE

by Notary Council

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2021

California Notary Study Guide

2021 Edition

Table Of Contents:

Terms A Notary Should Know

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Common Questions & Answers - For California Notaries

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California Notary Study Questions: 2021

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Please be advised! This study guide, along with the questions & answers, and practice exams, are designed to cover requirements needed to pass the California Notary Public state exam and are provided ONLY as study materials for the California Notary Exam and are NOT a legal reference. Please refer all legal references to the most recent California Notary Public Handbook and/or Secretary of State's office.

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Terms A Notary Should Know

Acknowledgment: An acknowledgment is an act by which a Notary certifies that they have legally identified a document signer who personally appeared before the Notary.

Administrator: Is a court-appointed person who has the legal right to administer (manage) the affairs of a decedent (or diseased person) with regards to the assets of said person's estate when no will or executor was named.

Affiant: Person who signs an affidavit. (When a notary is completing a jurat and the person is swearing or affirming the document they are an Affiant.)

Affidavit: An affidavit is a sworn or written statement signed before a notary public by a public official who can administer an oath or affirm to the Notary that the statement is true to the best of the signers knowledge by placing a signature and finishing the jurat. It is made under penalty of perjury. (In California a notary can put a person under oath)

Bill of Sale: A legal document made by a seller that is then given to a purchaser that reports that on a specific day, location, and for a sum of money, the seller sold an item to the purchaser.

Chattel: Are a person's possession other than real property (Example: item(s) in a house or garage, but not the actual land or structure)

Chattel paper: A written obligation to pay money for a specific item is referred to as a chattel paper.

Codicil: An addendum or supplemental addition used to alter a previous will (as it relates to wills).

Consideration: Something that is legally bargained for between parties. Examples of consideration would be money, property, and/or services.

3 Contempt of court: Contempt of court, commonly referred to as just contempt, is an offense, or action, that is considered disrespectful behavior that defies the authority of the court, or hinders a court's order.

Deponent: A person who makes an affidavit or deposition under oath. (Deponent has the same meaning as affiant.)

Deposition: A written statement or testimony, taken out of court, used during a lawsuit or trial, that contains transcribed words spoken under oath in front of an authorized official or notary public.

Duress: Wrongful and typically unlawful threats or other actions that coerce a person to act against their will.

Encumbrance: A legal claim or limitation made on an owner's property.

Escrow: Escrow generally refers to a financial arrangement where a designated third party holds funds or a valuable asset until a condition is met.

Executor: When someone with a will passes away, the designated executor named in their will manages and distributes the assets to the listed beneficiaries after the person's death.

Felony: In criminal law, a felony encompasses the most serious types of criminal offenses and is more serious than a misdemeanor crime.

Grant Deed: A document that transfers ownership of real property from one person or intent to another.

Legal Guardian: Person with the legal authority to manage another individual's affairs.

Identification Document: This is the document (can be an ID, passport, etc) that was used to determine a person's identification.

Judgment: A judgment declares the rights of individuals, including that one party owes money to another and specifying the amount owed. Judgments may be final or temporary.

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Jurat: A Jurat is the section of an affidavit that contains the certification that a Notary affirms that they have watched the signing of a document prior to giving an oath or official affirmation. A Jurat is the second most frequently completed form by a notary public. (Government Code section 8202) The jurat is identified by the wording "Subscribed and sworn to (or affirmed)" contained in the form. In the jurat, the notary public certifies:

? That the signer personally appeared before the notary public on the date indicated and in the county indicated;

? That the signer signed the document in the presence of the notary public; ? That the notary public administered the oath or affirmation*; and ? To the identity of the signer.

Lease: A lease is a legal agreement (contract) between an owner of a property, piece of land, building, or vehicle and another that allows a renter to use said property for an allotted time in return for a specified fee.

Lien: An official order that allows one entity to keep another entity's property until they are paid money that is owed.

Litigation: The act or process of a lawsuit between disputing parties involved in the court of law.

Misdemeanor: A crime considered minor in comparison to others or less serious than a felony.

Mortgage on Real Property: A legal binding agreement that is used to create a lien on real property until the debt has been paid in full. As the mortgagee, the lender has the right to sell the property to pay off the loan if the borrower fails to pay.

Oath: A spoken, solemn promise to a supreme entity, a revered person or thing made before a pledge of the truth of a statement. A notary will give an oath (affirming or swearing) to the validity of the documents contents.

*There is no prescribed wording for the oath, but an acceptable oath would be "Do you swear or affirm that the statements in this document are true?" When administering the oath, the signer and notary public traditionally each raise their right hand but this is not a legal requirement.

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Plaintiff: A person who calls for (or starts) a legal case against another in a court of law.

Power of attorney: A legal document that gives an appointed person the authority to act on behalf of someone else with regards to legal or financial matters.

Protest: is a written statement by a notary public that a promissory note or bill of exchange was presented for acceptance or payment, but the payment was refused. This applies only to a notary public employed by a financial institution, during the course and scope of the notary's employment with the financial institution.

Principle or Party: A person that is involved or part of the document.

Statute of limitations: A law that sets the `maximum time' after an event within which legal proceedings may be initiated (started) by.

Venue: This is the county and state by which the notarization act took place, for example, Sacramento County, California.

Will: A written legal statement pertaining to a person's wishes after death.

Satisfactory Evidence: The type of evidence that a notary uses to confirm the identity of a signer is called "Satisfactory Evidence"

Scribing Witness: Should a person that signed a document not be able to appear before the notary, the signer may request another person to sign the document as a witness that the principle singer did sign or stated to them that they signed the original document, this person is called a "subscribing witness".

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Common Questions & Answers - For California Notaries

Question: What arrests or convictions on your record should you disclose on your application? Answer: All Notary applicants are required to disclose any arrests where a trial is pending along with ALL prior convictions.

Question: You are not required to disclose a conviction that happened over 10+ years ago. Answer: False, you are required to list ALL prior convictions

Question: The term of office for a notary is for how many years after the start of their term. Answer: 4 years. (CGC 8204)

Question: To complete your notary filing and to act as a notary, a person must file with their County Clerk's office (within 30 days of the commission start date) the following items: Answer: 1) oath of office, and 2) $15,000 bond (cgc 8213)

Question: True or False: A notary has the ability to perform a notary act outside the county they field their oath of office? Answer: True, they have the ability to perform notary acts in all California counties regardless of what county their oath was filed in.

Question: When filling a notary bond (the surety bond) the sum of the bond must be in the amount of? Answer: $15,000

Question: Once a notary, your journal can be lent to other notaries as needed. Answer: False. Your notary journal must ALWAYS be kept in a secure place under the notaries' control at all times.

Question: What penalty could a notary face if they fail to secure his/her journal? Answer: His/her notary public commission may be suspended or revoked AND civil and criminal penalties may be imposed (CGC 8214.1(o), 8214.15(b), and 8228.1)

Question: A Journal entry must be made at the time of the notarial act and must be recorded in what order? Answer: in sequential order.

Question: Should a notary willfully (intentionally) not properly maintain her journal, they can be found guilty of _____________.

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Answer: a misdemeanor.

Question: What should a notary do if a member of the public requests the ORIGINAL journal entry? Answer: You will need to deny the request. You may, however, give a photocopy of the journal entry.

Question: Can I charge a person for a photocopy of a journal entry? Answer: Yes, you may charge them. You are allowed to charge (30 cents) per photo-copy page.

Question: Who is the person that appoints notaries in the state of California? Answer: The California Secretary of State is the public official that appoints notaries in California.

Question: I have my primary residence in Utah but I spend a lot of time and do business in California, can I become a California Notary Public? Answer: No (unless appointed to serve in the military), your primary residence must be in California to become a California Notary Public.

Question: I am a resident of North Carolina but stationed in California for the military, am I eligible to be a California notary. Answer: Yes, if you are 18+ and stationed and in the military stationed in California, there are special provisions to become a notary.

Question: Am I allowed to take an approved California 3-hour course of study to become a notary? Answer: No, if you are not currently licensed as a notary, you must complete a 6-hour study course, from an authorized vendor, in order to become a notary public.

Question: I'm currently listed as a notary and have already taken a 6-hour course of study. Am I required to take the 6-hour course again? Answer: No, you will only need to complete a 3-hour approved course of study to complete your license as long as you complete all filings prior to the expiration date of your current commission.

Question: I'm currently licensed as a notary, but will not be able to complete my filing until after my commission expires due to a health issue, can I take the 3-hour course. Answer: No, if for ANY reason your commission expires prior to completing your paperwork to renew your commission, you are required to take the 6-hour approved course.

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